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Terms and conditions

5 min read

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By Frollo

Introduction

Frollo is a purpose driven FinTech on a quest to help people feel good about money. Our app helps you turn around your finances and get back on track in just a few simple steps.

We appreciate your use of our website, applications, software, product and services (collectively, the “Services”). The Services are owned and operated by Frollo Australia Pty Ltd ABN 49 613 113 269 (“Frollo”). By accessing and or using the Services you agree to these Terms and Conditions (“Terms”) and our Privacy Policy (available at Privacy Policy).

The Services will evolve over time. Frollo reserves the right to amend these Terms at any time, effective upon the posting of modified terms on our website (frollo.com.au). It is your obligation to ensure that you have read, understood and agree to the most recent terms available on our website. You should immediately cease using the Services if you do not agree to our Terms.

Frollo does not hold an Australian Financial Services Licence and cannot give financial advice. The Services are intended to assist you to manage your finances, and are not intended to be providing financial, legal or tax advice. Any information provided to you by us is general information only which, when prepared, does not take into account your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice and you should not take action on specific issues in reliance on this information.

Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances. You enter into any products or services presented by us at your own risk.

In these terms ‘us’, ‘we’ and ‘our’ means Frollo and our related entities. These Terms may be updated from time to time at our discretion. Users (“you”) are responsible for reviewing and keeping informed of any changes to these terms and conditions. Continued use of the Services implies your acceptance of amended Terms.

Third party provision of services

Frollo uses a third party software platform provided by Yodlee Inc (“Yodlee”) to allow users to access their bank account transactions.

By using the Services you authorize Frollo and its service providers, (including Yodlee), to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register accounts requested by you.

Within the Services, you may direct Frollo to receive your own information maintained online by third party institutions with which you have a customer relationship, maintain accounts or engage in financial transactions (“Account Information”). Frollo may work with one or more online services to access this Account Information. The protection of your information is subject to strict security and privacy practices, as set out in the Privacy Policy.

To the extent permitted by law, Frollo shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Frollo does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

Third party links and offers

Frollo may also present information to you relating to third party products or services. We do not endorse, warrant or guarantee these products or services and we will always disclose when an offer is sponsored.

Frollo does not guarantee nor represent that any third party offers, products or services presented to you via our Services are actually the terms that will be offered to you if you decide to pursue the offer, or that they are the best terms, or lowest rates available.

All third party products and/or services including names, services, company names and logos mentioned as part of the Services are trademarks of their respective owners, and are not associated or affiliated with Frollo.

User information

In order for us to provide the best service you agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access the Services (“User Information”).

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.

You agree to notify Frollo immediately if you become aware of any unauthorized use of your User Information.

Subscription fees

Frollo may offer users paid plans which are subject to subscription fees (“Fees”). The applicable Fees may be listed on our website, within our app or on the applicable app store. Fees may change from time to time but we will always give you at least 30 days’ notice of any fee increase. All amounts will be in Australian dollars and are inclusive of any applicable taxes. All Fees are non-refundable.

Cancellation

You may cancel your account at any time through the app or by contacting us through the email address listed below. Once you have requested us to cancel your account all information will be deleted from our systems, and nothing will be retained other than as required by law. Simply deleting the app will not give effect to termination and deletion of your information.

We may cancel or suspend your account at any time if you breach these Terms, or those of our Privacy Policy.

Use policy

By using the Services, you affirm that you are either over 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and to abide by and comply with these Terms.

By using the Services, you agree:

  • that you have had reasonable opportunity to review these Terms;
    to use the Services in accordance with these Terms;
  • that your right of access and use of the Services is personal to you and is not transferable by you to any other person or entity;
  • to only use the Services in respect of bank accounts held directly by you;
  • to keep your registration information up to date and accurate;
  • to use the Services in good faith and in a way so as to not bring disrepute or cause reputational or other damage to Frollo, the Services software or to the goodwill relating to the Services;
  • to the use of the third party platform provided by Yodlee which allows users to access their online banking accounts via the Frollo application;
  • to the transfer of de-identified, encrypted data between Yodlee and Frollo and other third party service providers;
  • to use the Services in accordance with the technology and systems as provided;
  • that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues;
  • that Frollo is not liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you;
  • and that Frollo may, in its sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Services and you agree that Frollo is not liable to you or any third party for such variation, modification or discontinuance.

By using the Services, you agree not to:

  • distribute, lease, license, sell, rent or otherwise transfer or assign the Services, or any copies of the Services software, without our prior written consent;
  • make a copy of the Services software or any part thereof;
  • reverse engineer, decompile, disassemble, and/or prepare derivative works based on the Services software, in whole or in part;
  • otherwise modify the Services software, in whole or in part;
  • remove or modify any proprietary notices, marks or labels contained on or within the Services software;
  • use the Services in a manner that is unlawful, fraudulent or deceptive or that encourages conduct that would constitute a criminal offence, or give rise to civil liability;
  • use the Services in a way that terminates these terms and conditions;
  • use technology or other means that is not authorised by us to access the Services;
  • use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Services software;
  • attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • gain or attempt to gain unauthorised access to the Services software including the networks or user accounts;
  • or attempt to or engage in conduct that damages, disables, overburdens, or impairs the Services software servers or networks.

Intellectual property

All content on the website and application is owned by Frollo or its related entities. This includes but is not limited to copyrights, trademarks, trade secrets, patents, titles, graphics logos and other intellectual property rights. Frollo retains all right, title, and interest in and to the Services and all related content and intellectual property, and nothing you do on or in relation to the Services, or any of the related content will transfer any rights, in intellectual property or otherwise. You agree not to do anything that interferes with or breaches Frollo’s intellectual property rights. You are forbidden from copying, downloading, reproducing or distributing any information contained in the Services without prior written consent from Frollo. You may view content or print a copy of material from the website for personal, non-commercial use, provided that you do not modify the content in any way.

Content

You are licensing to Frollo and its service providers any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Frollo and its service providers may use, modify, display, distribute and create new material using such Content to provide the Services to you.

Frollo and its service providers may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Services.

By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, that Frollo and its service providers may use the Content for the purposes set out above. As between Frollo and its service providers, Frollo owns your confidential account information.

Limitation of liability

To the maximum extent permitted by law, in no event shall Frollo, it’s related entities, service providers nor any of their affiliates be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of our Services and or the information contained on our website and application. This includes but is not limited to damages related to loss of profit, goodwill, use, data or other intangible losses resulting from:

  • the use or inability of the use of the Service;
  • the cost of getting substitute goods or services;
  • any products, data, information or services purchased or obtained or messages received or transactions entered into , through or from the Services;
  • unauthorized access to or alteration of your transmission or data;
  • the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages;
  • errors, mistakes or inaccuracies of content;
    personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
  • any unauthorized access to or use of our servers and / or all personal information and / or financial information stored therein;
  • any interruption or cessation or transmission to or from the Services;
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory;
  • or any other material relating to the Services.

We understand that, in some jurisdictions, certain warranties, disclaimers and conditions cannot be legally excluded. If this is applicable in your jurisdiction, then, to the extent permitted by law, Frollo limits its liability for any claims under any such warranties or conditions to either supplying the Services to you again, or the cost of supplying the Services to you again.

Warranties and indemnification

To the extent permitted by applicable law, by using the Services, you agree that your use of the Services and all information, products and other content (including that of third parties) included in or accessible from the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Frollo and service providers expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.

To the extent permitted by law, Frollo and its service providers make no warranties or representations of any kind that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) any errors in the technology will be corrected, or (vi) the Services will be accessible from any location.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Frollo or its service providers through or from the Services will create any warranty not expressly stated in these terms.

To the extent permitted by law, you agree to defend, indemnify and hold harmless Frollo, its related entities, partners, service providers, affiliates, contractors, officers, directors, employees and agents from and against any and all claims, liability, damages, losses, obligations, expenses (including but not limited to legal fees), costs or debt caused by or arising directly or indirectly from (i) your use of and access to the Services, (ii) your violation of these Terms, (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

Jurisdiction and governing law

Your use of the Services and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Assignment

These Terms may not be transferred or assigned by you, but may be assigned by Frollo without restriction.

General

These Terms, together with the Privacy Policy and any other legal notices published by Frollo in relation to the Services, shall constitute the entire agreement between you and Frollo concerning the Services.

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Frollo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The provisions of these Terms which by their nature survive termination or the expiry of these Terms, will survive cancellation or your registration or termination of the Services.

Contact us

For further information about these Terms or our practices, or to make a complaint, please contact us using the details set out below:

Email: [email protected]

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